VA: Statute on filing warrant papers in court is procedural and suppression not the remedy

The statute requiring search warrant papers be filed with the circuit clerk is merely procedural, and it confers no substantive rights for its violation. Heroin in the car was visible from outside and thus in plain view, and that was probable cause. Daniels v. Commonwealth, 2018 Va. App. LEXIS 304 (Nov. 6, 2018).

The house was described with particularity, but the things to be searched for and seized was not, except by incorporating the affidavit for the search warrant by reference. In any event, the search was limited, and the good faith exception applies. United States v. Gutierrez, 2018 U.S. Dist. LEXIS 186607 (S.D. Tex. Nov. 1, 2018).*

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